Section 235. Relief from civil or criminal liability; exemption from civil process; security for costs  


Latest version.
  • 1. Members of the militia ordered into the
      active service of the state pursuant to sections six and seven  of  this
      chapter,  shall not be liable civilly or criminally, for any act or acts
      done by them in the performance of  their  duty.    When  an  action  or
      proceeding  of  any nature shall be commenced in any court by any person
      against any officer of the militia for  any  act  done  by  him  in  his
      official capacity in the discharge of any duty under this chapter, or an
      alleged  omission  by him to do an act which it was his duty to perform,
      or against any person acting under the authority or order  of  any  such
      officer,  or by virtue of any warrant issued by him pursuant to law, the
      defendant may require the person instituting or prosecuting  the  action
      or  proceeding  to  file  security  for the payment of costs that may be
      awarded to the defendant therein, and the defendant  in  all  cases  may
      make  a  general  denial  and  give  the special matter in evidence.   A
      defendant, in whose favor a final judgment is rendered in an action or a
      final order is made in a special proceeding, shall recover treble costs.
        2. No person belonging to the organized militia of the state shall  be
      arrested on any civil process while going to, remaining at, or returning
      from any place at which he may be required to attend for military duty.